Summary: We will not investigate this complaint about Penalty Charge Notices because it is reasonable to expect Mr Y to approach the Traffic Enforcement Centre and the Traffic Penalty Tribunal.

The complaint

1. Mr Y complained the Council issued three Penalty Charge Notices (PCNs) to him, but, as the matter has now progress to enforcement agents, has refused to provide him with an appeal right to the Council. He says bailiffs will also not hear his appeal.
2. Mr Y says he has been caused distress and worry as he has been asked to pay £525.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

5. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. Where PCNs are issued by a Council but as left unpaid for a period of time, the Council can register the debt using a charge certificate with the Traffic Enforcement Centre (TEC) at Northampton County Court. It can then ask enforcement agents (bailiffs) to collect payment for the fine and bailiff’s costs.
7. In this case, the PCNs have progressed, and a debt has been registered with the TEC, with the case then being passed by the Council to enforcement agents.
8. Mr Y has a right to submit a statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificate for the PCNs. If the TEC accepts Mr Y’s application it can take the process back to an earlier stage, reducing the amount of the PCNs to the initial amount of £60 and reinstating Mr Y’s right of appeal against it to the Council initially and then the Traffic Penalty Tribunal. Mr Y can then decide if he wishes to appeal the PCNs or pay the penalties.
9. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, as Mr Y has not provided any other reason why he cannot, it is reasonable to expect Mr Y to use his right to appeal. Therefore, we will not investigate this complaint.

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Final decision

10. We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to approach the Traffic Enforcement Centre and the Traffic Penalty Tribunal.

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Investigator's decision on behalf of the Ombudsman